Recent Key Update With AAT Stakeholder Forum 2019
We here at Agape Henry Crux recently attended the Stakeholders Meetings hosted by the Administrative Appeal Tribunal annually in Sydney, on 18 November 2019 and participated in the discussion of the key issues that the relevant stakeholders are concerned about the proceedings and operations of the Administrative Appeal Tribunal.
Key Issues Raised in AAT Stakeholder Forum 2019
We have listed out a few key issues raised in the meeting and have extracted the response from the AAT in the table below.
| Issues raied | Extracted Response from the AAT | |
|---|---|---|
| Late notice of invitiation to hearing which leads to postponement requests when representatives are unavailable for the scheduled hearing. | In Protection matters we have a process of sending letters out advising of a matter’s imminent constitution. We are considering the practicalities of expanding this to other caseloads. It is expected that the revision of the President’s Directions (refer below), and early case assessment and outreach by AAT officers will also resolve some of these issues. In the meantime, Members and registry staff are being encouraged to provide early notice of hearings. | |
| How to prioritise a hearing the review applicant is ready to proceed either to hearing or for consideration on the papers but do not meet the criteria for compelling circumstances? | If a representative or applicant provides a document (such as a police check, IELTS test, evidence of a positive health assessment, skills assessment, etc) the absence of which was the only reason for the primary refusal then on most occasions the case will be fast tracked for a decision on the papers. However, for the majority of matters where the issues in dispute are more complex or subjective the decision or hearing ‘readiness’ of a matter must be determined by a constituted Tribunal Member. There is currently no pathway to have a case prioritised if it does not meet the criteria set out in the President’s Direction - Prioritising cases in the MRD. | |
| Accessibility of the document submission portal. Currently access is limited to the original person who lodged the application. When will the portal be upgraded to expand this functionality? | A new AAT Portal is anticipated to be completed in March 2020 to enable existing users on the current portal will be transferred across prior to launch. The new AAT Portal removes the limitation by allowing users to submit documents from their dashboard for any case, as long as they have knowledge of some basic case information. | |
| Delays with decisions post hearing. | There may be a number of reasons why there is a delay from hearing to decision. These include reasons outside the Member’s control such as: • new claims or submissions provided post-hearing, • the Member awaiting further information from the applicant or a third party, • Member unavailability for whatever reason, or • the prioritisation of the processing of urgent cases (such as matters relating to applicants in detention). The AAT accepts that significant delay from hearing to decision, where all information has been provided, is not acceptable. We are addressing these issues with Members but applicants who are concerned about these matters may raise a query with the registry or if warranted make a formal complaint. | |
| Delay in getting the documents per Requests for access to documents: tribunal processes. | The transfer of FOI requests to the Department can lead to delays and hearing postponement requests, particularly when a new representative is appointed late in the process. The AAT is open to administratively releasing information where appropriate at the Member’s discretion and is currently in discussions with the Department around this proposal. | |
| Delay in getting documents per Requests by Tribunal for information: information is provided by the applicant in response but then no progression on the case and the information becomes dated and must be provided again at a later date | We have addressed this through improved early case assessment processes and end-to- end planning for case management initiatives to ensure cases are actioned promptly once requested information is provided. There may be instances where information becomes dated due to delays that are beyond the Tribunal’s control. This should be infrequent and the AAT welcomes feedback in relation to specific situations when they arise. |
How Can Agape Henry Crux help
As one of the migration and administrative specialised law firms in Australia, Agape Henry Crux plays an important role in relevant stakeholders meeting that help shape the administrative process involved in the migration process. We understand the changing nature of the migration lanscape and our lawyers/agents are well trained to handle highly complex matters. Book in with one of us to seek professional advice now by calling (02)-7200 2700 or email us to book in a time at info@ahclawyers.com .
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter.